If you or your business hire someone to create work for you, for example, to write a blog post, take some photos, compose a jingle, or design a logo, who owns the copyright in that work? The answer depends upon several factors. Generally, the person who creates a work is considered to be the author of that work under the [...]
Many small businesses start out as sole proprietorships or partnerships, usually because they’re the simplest to get up and running. For most businesses, though, the small amount of extra time and expense involved in setting up a corporation or limited liability company (LLC) will be well worth it. The most important benefit of doing business as a corporation or LLC [...]
The Federal Trade Commission (FTC) recently announced that it had reached a settlement with Cycra Inc. and its chief operating officer. Cycra, a manufacturer of motocross and ATV parts, had advertised that its products were "Proudly made in the USA," "Made in the USA," and "Proudly designed, developed and manufactured in Lexington, North Carolina." You might wonder what’s wrong with [...]
Choosing a trademark may be more difficult than you think. You might be focusing on the catchiness of the name, but there are legal considerations that should be considered as well, such as the possibility of infringing some other trademark. People often think that if they aren't aware of anyone else using the same trademark, it's okay. They may rely [...]
We frequently get questions from our clients about requests for payment of registration, publication, or renewal fees for corporate, domain name and intellectual property filings. Requests may also be received for monitoring fees or the preparation of minutes. The scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you [...]
If you’re involved in a legal dispute, it’s important for you to understand how the money you might receive, whether as part of a settlement or as awarded by a court or arbitrator, will be taxed. The Internal Revenue Code states that all income—from whatever source derived—is taxable unless exempted by another section of the code. This means that unless [...]
To be protectable, a trademark must be “distinctive.” This means it must be used to identify the source of the product or service. Courts classify marks into categories of distinctiveness. The most distinctive marks are those that are arbitrary or fanciful. Examples include EXXON for gasoline and APPLE for electronics. Suggestive marks, those that require some imagination to determine the [...]
Update on EEOC COVID-19 Guidelines This week, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. Among other things, the revised guidance addresses possible reasonable accommodations for employees with “long COVID” (also known as "Post-COVID Conditions”), linking to a longer list posted [...]
When putting together an estate plan, trusts are commonly brought up as an alternative or complement to wills. One of the greatest benefits of trusts is avoiding probate, the court process of administering a deceased person’s estate, which can be long and costly depending on the make-up of the estate and the location where the deceased person resided. Other benefits [...]
Some of you may know you have common law rights in your protectable trademarks just by using those marks in interstate or foreign commerce, so you might wonder why you should pay for a trademark registration. Protection from Cybersquatters While there are numerous reasons to register your mark as soon as possible, one of the more significant is that it’s [...]
